3 resultados para Negligence

em Cochin University of Science


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This study deals the professional Services civil Liability for deficiency with special reference to medical professionals.the study deals with the characteristics of profession,basis of liability , historical evolution of legal controls on professional services, liability of doctors for negligence under tort law. Expectations to liability for medical negligence are critically evaluated. consent of medical treatment etc are studied

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This is a study on “Professional Services: Civil Liability for Deficiency”. This study is made with special reference to medical profession. The importance of qualitative professional services does not require any emphasis. It is a matter of great concern for the people as they are consumers.This study is divided into 12 chapters. The introductory chapter deals with characteristics of profession, basis of professional liability and international efforts to check abuse of position by professional men. Consumers as laymen can not perceive the intricacies of professional services. As a result professional men could misuse their superior position to expose consumers to hardship through deficient services. This is obvious from the fact that deficiency in professional services has assumed a menacing proportion. It is indicative of failure of internal control through self-regulation to check the abuse of position by the professional men. The professional bodies entrusted with the task of enforcing disciplinary measures show a very callous and indifferent attitude towards the repressive conduct of their members. These bodies are more concerned to protect the interest of their members. They are not free from institutional bias. They have put the interest of consumers into oblivion. In effect remedies through professional bodies has become a myth. All these factors make the external control of professional services mandatory to protect the consumers from the clutches of unscrupulous professional men, who abuse their superior position. The professional men who abuse their position are exposed to liability. Their liability arises under contract, tort and statutory law. The present study substantially concentrates on professional liability of medical men. The obvious reason is that of all professional services medical services are the frequently availed services by the consumers. Medical negligence cases account for bulk of the professional negligence cases. ln India also large number of cases are coming before consumer forae. The legal principles evolved in this sphere of professional service confers an insight into legal control of other professional services as well. The same principles are applied to other professions also, as by and large all the professions share common characteristics. Such principles are modified wherever necessary to make room for differential aspects of particular profession

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The vast areas of derelict swamps covered by macrophyton and swarmed by insects scattered in different parts of India are at present either under total negligence or utilized as waste disposal dumps. Eventhough Indian subcontinent is ranked among the first ten fish producing countries in the world, the fish production is not at par with the increasing need of protein in the average Indian diet. So the water areas which become unusable for conventional human activities like the swamps could be used for fish culture which would increase the availability of protein in the form of fish flesh, thus providing new opportunities to the fishermen. But the conversion of swamps for fish culture would entail considerable expenditure. Hence the significance of a group of fresh water fishes which have made their favourable abode the muddy swamps of tropics depending partly on accessory _respiration to survive in the inimical environment. The homeostasis achieved in such a hostile, hypoxic medium make them excellent choices for culture in the derelict freshwater bodies of India. These air breathing fishes form an economically important group which are highly esteemed as food fishes in many parts of South Asia and Africa. Though their natural habitat seems to be the marshes, they have also conquered other freshwater bodies like ponds, tanks, rivers and flooded paddy fields. They can also tolerate slightly brackish waters. They are known for their nutritive, invigorating and therapeutic qualities and are recommended by physicians as diet during convalescence (Jhingran, 1982)